A LOCAL businesswoman, Doren Nerwande, has dragged popular musician, Innocent Utsiwegota, to the High Court seeking to recover $24 000 the musician borrowed five years ago.
BY CHARLES LAITON
Through her lawyers, Messrs Sinyoro and Partners, Nerwande issued the summons on September 22 this year and Utsiwegota, who is popularly known for his song, In My Dreams, is yet to respond to the lawsuit.
In her declaration, Nerwande said sometime in November 2012, she gave Utsiwegota $40 000 after he asked for it and the musician paid back $2 000 in December 2015 and a further $3 000 in April 2016.
“On July 4, 2016, defendant (Utsiwegota) signed an acknowledgment of debt in favour of the plaintiff (Nerwande) for the balance of the debt in the sum of $35 000,” Nerwande said.
“In terms of the acknowledgment of debt, the principal debt in the sum of $35 000 was to be paid as follows; $1 000 on or before August 7, 2016 and every seventh day of each calendar month, thereafter, until the debt is settled.”
Nerwande further said it was agreed that in the event of a breach of one instalment on the due date, the whole principal amount would become due and payable immediately.
The businesswoman claims the parties also agreed that in the event of litigation arising, Utsiwegota would pay the costs of the suit, including the collection commission.
“Of the acknowledged sum of $35 000 defendant paid the sum of $10 600 leaving an outstanding balance of $24 500. In breach of the terms of the acknowledgement of debt, defendant failed to effect payment in the sum of $1 000 on of February 7, 2017,” she said.
“By consequence of his breach, defendant is liable to plaintiff for the outstanding balance of $24 400, interest thereon at the agreed rate of 5% per month, costs of suit on legal practitioner and client, as well as collection commission in terms of the law society by-laws.”